Quick divorce in South Africa

Having a quick divorce is one thing. But being by the financial means however, is another aspect. Divorces are never easy by virtue of the fact that it either involves children or assets that needs to be divided up equally. This in itself, also depends on whether the couple had an Ante-Nuptial Contract, also known as “ANC” in place and whether they are married in, or out of community of property. Our law offices encountered a number of divorce cases of a complex nature which requires litigation in the High Courts of South Africa – the emotional and financial strain can be unbearable on the parties involved. In essence, it is safe to say that in our books, “quick divorces” does not exist unless it is an uncontested or unopposed divorce. In layman’s terms, this is a divorce that neither parties oppose and both parties are in agreement of the divorce. Under these circumstances, a divorce can be relatively quick. Our law offices are able to deal with unopposed divorces within a matter of three weeks. Furthermore, a contested divorce may even take years and the period of time it takes for a divorce to be finalized in the High Courts, depends on the overly burdened court rolls in which parties have to wait long for their divorce to go to trial. Feel free to make an online appointment today with Our Lawyer Pty Ltd, or call our law offices on 021 424 3487 for an online appointment today. We offer the following divorce services:

Make an online appointment today!

South African divorce law – married in community of property

First of all, when two parties get married without an Ante-Nuptial Contract, then they are automatically married in community of property. What is meant by this? Well, to put it simply, all assets owned by you and your spouse are combined and belong to both of you. Why is this such a bad thing? Well it’s not necessary a bad thing but does call for major financial risks. One could say that both, married in and out of community of property, has its financial gains and losses. If you are married in community of property, it means that both parties will receive 50% of everything owned. In addition to this, it also means that any debt incurred by your spouse while being married, is your debt as well. In the case of death, assets will be frozen until officials reach a conclusion as to who gets what and how much.

Online legal appointment to change your matrimonial property regime…

With our online appointment system, our receptionist sets the appointment up for you regarding the change in your matrimonial property regime. This can be done while on the phone. No long, complicated details but just the basic information required for your professional legal consultation. Call our offices today and have your legal appointment booked online immediately. It is crucial to note that having your legal consultation booked, does not mean that it is official. The person in question will have time to consult with their spouse or find out more about our expertise on our website. The time and date for the consultation will be confirmed once payment has been made in advance date of the consultation set to take place. During your legal consultation, you will have a well experienced family legal expert who will be advising and guiding you through the process. Call our offices today and have your legal appointment booked online immediately.

Posted on 11 February 2025 by Telelaw

Quick divorce in South Africa

Our law offices encountered a number of divorce cases of a complex nature which requires litigation in the High Courts of South Africa – the emotional and financial strain can be unbearable on the parties involved.

In essence, it is safe to say that in our books, “quick divorces” does not exist unless it is an uncontested or unopposed divorce. In layman’s terms, this is a divorce that neither parties oppose and both parties are in agreement of the divorce. Under these circumstances, a divorce can be relatively quick. Our law offices are able to deal with unopposed divorces within a matter of three weeks.

Furthermore, a contested divorce may even take years and the period of time it takes for a divorce to be finalized in the High Courts, depends on the overly burdened court rolls in which parties have to wait long for their divorce to go to trial.

Feel free to make an online appointment today with Our Lawyer Pty Ltd, or call our law offices on 021 424 3487 for an online appointment today.

We offer the following divorce services:

Make an online appointment today!

South African divorce law – married in community of property

First of all, when two parties get married without an Ante-Nuptial Contract, then they are automatically married in community of property. What is meant by this?

Well, to put it simply, all assets owned by you and your spouse are combined and belong to both of you. Why is this such a bad thing? Well it’s not necessary a bad thing but does call for major financial risks.

One could say that both, married in and out of community of property, has its financial gains and losses. If you are married in community of property, it means that both parties will receive 50% of everything owned. In addition to this, it also means that any debt incurred by your spouse while being married, is your debt as well. In the case of death, assets will be frozen until officials reach a conclusion as to who gets what and how much.

Online legal appointment to change your matrimonial property regime…

It is crucial to note that having your legal consultation booked, does not mean that it is official. The person in question will have time to consult with their spouse or find out more about our expertise on our website. The time and date for the consultation will be confirmed once payment has been made in advance date of the consultation set to take place.

During your legal consultation, you will have a well experienced family legal expert who will be advising and guiding you through the process.

Call our offices today and have your legal appointment booked online immediately.

Parental Rights of Divorced Muslim parents who were only married in terms of Muslim Rights (Updated)
When Muslim parents divorce, either via a Talak or Faskh, there remains the unresolved issue of their respective parental rights and responsibilities to their children. In other words, with whom should the child reside, and what type of visitation rights should the other parent have? Then there is the issue of child maintenance, parental guardianship consent and so on. Parents married in terms of South African civil law have the advantage of having the civil divorce court deal with the issue of access (contact) and custody (care). The civil divorce court is obliged to do this before pronouncing a final decree of divorce. This is however not the case of a Talak or Faskh. As you would see later, we suggest that Muslim divorced parents enter into a parenting plan.
Divorced Muslim Fathers’ parental rights
Muslim fathers, who were married in terms of Muslim Rites, have just as many rights as the mothers, to their children. This is so notwithstanding them having been married in terms of Islamic Rights only (and not civilly). From a South African Legal perspective, they are both co-holders of parental responsibilities and rights with regard to their minor children. What often happens is that one parent refuses the other reasonable contact to the child after the divorce. Or he or she may take the stance that he or she is the sole decider as to where and when the other parent may have contact with the children. This is not lawful and clearly not in the children’s best interests. The end result is, for example, the father takes the mother to the High Court, or the Children’s Court and the Judge or Magistrate confirms the father’s rights which he had all along. This can turn out to be very expensive, and draining on the children and parents alike. Attorneys and Advocates may be used and simple issues get battled out in the public domain. A more responsible approach needs to be followed which is suggested next.

What should Muslim parents do after they separated?

Should parents who were married in terms of Muslim Rites and have a child or children together, separate, it is suggested that they, as soon as possible, try to agree on a parenting plan and have it registered with the Office of the Family Advocate or have it made an Order of Court. This option became available since 1 April 2010 with the coming into effect of section 33 of the Children’s Act 38 of 2005. If a parent refuses to try to agree on a parenting plan, the Court needs to be approached if issues cannot be resolved. This situation is best to be avoided. The parenting plan would be a document which the parents themselves decided upon and not dictated to them by the Court. Of course, the parenting plan has to be in the child or children’s best interests. By parents following the parenting plan route, they would keep their personal issues out of the realm of the Court and concentrate on being the best parents they can be for their children. This is so, notwithstanding their relationship with each other has severed.

Drafting a Parenting Plan

A well-drafted parenting plan would provide for issues, starting from the date of its drafting, until the children are adults. Suppose the children are toddlers when the parents separated; the parenting plan would need to deal with issues that could arise when it comes to schooling, extramural activities and issues of consent for a passport and so on. As the child gets older, he or she may want to spend more time with the other parent. This needs to be dealt with in the parenting plan, if applicable. The parenting plan can also make reference to a parenting facilitator or coordinator to assist the parents in resolving disputes in the future.

Who can assist you with a parenting plan?

Social workers, psychologists and family mediators are well suited to assist parents with parenting plans. Other suitably qualified persons would be attorneys and advocates. If the person has the necessary training and experience to assist you, we advise that you make use of him or her to assist you in obtaining a parenting plan. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

How long does it take adopt a child in South Africa?
Not being able to have children is a whip-lashing, emotional experience for many couples. Luckily, child adoption makes matters easier but there are formalities that must be adhered to. The adoption process in South Africa can be a tough, complex procedure. During our years of experiences in dealing with child adoption, we have found that many couples undermine this time consuming process. [caption id="attachment_4181" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] However, the adoption process can unfold over a period of months, depending on the nature and circumstances of the matter. Often, further complications may arise during the process and sometimes important choices must be made. Our law offices have dealt with unique child adoption cases in which we have compiled a range of online articles with free expert legal advice for your convenience. For more information, call our law offices and have our friendly receptionist make an online appointment for you today.

Baby adoption process

We often don’t know where to start when it comes to child adoption. These are brief, yet relevant steps you could be looking at when entering into the adoption process: [caption id="attachment_4182" align="alignleft" width="300"]

Call us on: 0211110090
Email: [email protected][/caption]

Establish a mutual ground between you and your spouse: this means making sure that both parties are actively involved in the adoption process and that both parties would like to process with the process.
Social worker or adoption agency: A social worker mandatory to the process even though you may personally know the biological mother of the child. When it comes to a social worker and agency, you need to ensure that you can trust both the agency and social worker. These two factors will play an essential role in the outcome of the adoption process.
Screening process: this can be the most dreadful step.

You will need: [caption id="attachment_4183" align="alignleft" width="300"]

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Email: [email protected][/caption]

Interview with your social worker
Police clearance
Medical report
Psychological assessment
Summary of finances
Clearance from National Child Protection Register
Clearance from the National Register of Sexual Offenders
Assessing of your marriage
References
Group sessions
Social worker will have to visit your home to check for a stable, safe home for the child
An overall family assessment

Wait for your child while the social worker determines an ideal candidate that suits the circumstances of the matter.
You will get to meet your child and you will have an idea of your child’s history and have a choice if you would like to proceed.
Complete the legal work: this is where a good, family legal expert comes in to help you through the process of the Children’s Court and other legalities.

Adopting a child from another country

For more information on child adoption simply click on the following links:

[caption id="attachment_4184" align="alignleft" width="300"]

Call us on: 0211110090
Email: [email protected][/caption] Are you residing out of Cape Town? No problem. Make use of our national number on 087 701 1124 or simply call our offices on 021 424 3487 for an online appointment for a professional legal consultation.

Posted on 11 February 2025 by Telelaw

Basic Divorce Guide for all courts in South Africa

Supplied by Adv. Muhammad Abduroaf (LL.B LL.M) (Advocate of the High Court of South Africa)

Legal Advice regarding divorces

If you want to get divorced from your spouse, I strongly advise that your approach a legal practitioner, or an attorney to attend to it on your behalf. This I would implore even more under the following circumstances: – There will be a dispute over care and visitation rights over the child/children; – One of the parties will be applying for forfeiture of patrimonial benefits from a marriage in community of property; -The joint estate is huge or complicated; or -The other party will be making use of legal representation.

General divorce procedures

If, however, you would like to know the general procedures on how to go about in obtaining a divorce decree; they are listed summarily below. Many rules regulate divorce processes and the summary below does exclude some of them. These include pretrial conferences, judicial case management, exceptions, strikeouts, compelling compliance, service addresses etc. Other matters incidental to divorce proceedings, for example, interim arrangements pending the divorce regarding maintenance for you or your children and care and contact regarding children are not dealt with. Therefore, please consult a legal practitioner or the divorce court throughout your divorce process should you decide to attend to the divorce yourself.

Summons and Particulars of Claim in a Divorce Matter

A summons needs to be drafted which should be issued by the divorce court to commence the divorce process. It should have on it the details of the court you will be issuing the divorce from, details of the parties, e.g. names, occupation, and address etc. Every High Court in the area where you live has the authority to attend to a divorce. You should then draft particulars of claim outlining relevant matters concerning the marriage, children, reasons for wanting a divorce and what do you want the court to grant you in a divorce order. The particulars of claim you attach to the summons. Once you have your summons and particulars of claim in order, you have to have the summons issued at court. To do this, make three (3) copies of your set of documents (Summons and Particulars of Claim) and have it issued at court.

Issuing and Service of a Divorce Summons

Once you are at the divorce court, go to the clerk/registrar of the court and have your documents issued. The clerk/registrar will sign the summons and provide a case number and insert it on the summons. You should then take the original and a copy (both must be signed and stamped by the clerk/registrar of the court) to the sheriff which serves documents where your spouse works of lives. You can ask the clerk/registrar of the court for those details. The extra—copy of the summons and particulars of claim you should keep for your file and records.

Notice of intention to defend in a divorce matter

Once the sheriff served the latter court documents, your spouse has two weeks to inform you whether he or she will be defending the divorce. This information is outlined in the summons. If your spouse decided not to defend the divorce action, then after a period of two weeks has elapsed, you may set the matter down as an undefended divorce. If your spouse intends to defend the divorce, he or she would then have to do what follows.

Plea to particulars of claim in a divorce matter

Once you received notice of your spouse’s intention to defend the divorce, about a month later, your spouse or his or her attorney should serve and file a plea. The plea should outline which parts of your particulars of claim your spouse agree to (or disagree to) which would give everyone a direction of what to prove in court.

Counter Claim in a divorce matter

Your spouse might want to file a counterclaim. In the same manner, as you outlined your case as to what you want from the court and the reasons therefore in your particulars of claim, your spouse can do this in a counterclaim. A counterclaim might still be filed if your spouse agrees to a divorce, but maybe wants primary care of the children, but in your particulars of claim, you asked for primary care. You should then within 10 (ten) days plead to the counterclaim in the same manner in which your spouse pleaded to your particulars of claim.

Obtaining a Trial date for your Divorce

Once you received the plea, with or without a counterclaim, or have pleaded to your spouse’s counterclaim, you should then approach the clerk/registrar of the court for a trial date. This you or your spouse may do. Various processes may take place up until obtaining a trial date. These include pre-trial conferences and judicial case management proceedings etc. I will not deal with those items herein.

Discovery in Divorce matters

While you are waiting for a trial date, and long before that date, you may ask or may be asked to provide under oath a schedule of books and documents in your possession and under your control relating to the divorce. This could be policy documents, title deeds etc., and which you or your spouse might want to make use of at trial. Once you received this schedule you may inspect and request copies of the documents.

Divorce day / Trial day

If your spouse does not defend the divorce within the allowed time period, go back to court and ask for an unopposed divorce date and attend to your divorce on that date. If however, your divorce is defended, a trial should ensure. During the trial, each party will prove his or her case. Witnesses will be called and at the end, the Magistrate or Judge will deliver the verdict. Best of luck, and please, don’t take my word, contact a legal practitioner should you decide to get divorced. Kind regards, Advocate Muhammad Abduroaf (Cape Town | Western Cape) LL.B & LL.M (Master of Laws) Constitutional Litigation Advocate of the High Court of South Africa Supplied by: Our Lawyer (Pty) Ltd Office: 0211110090 View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf.

Looking for Family Legal Services in Bo-Kaap – Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Bo-Kaap area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Bo-Kaap

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Bo-Kaap – Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:

And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

Child Custody

Divorce and Property

So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Bo-Kaap

Are you residing in Bo-Kaap and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Bo-Kaap area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7^th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:

Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
We urge potential clients to read their email well as well as the terms and conditions within the email.
Only once payment has been made, will the face to face legal consultation be confirmed.
Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Bo-Kaap

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:

You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!